Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Gujarat - Section

Section 27 in Gujarat Money-Lenders Act, 2011

27. Procedure of court in suits regarding loans.

(1)In any suit to which this Act applies-
(a)a Court shall, before deciding the claim on merits, frame and decide the issue whether the Money-Lender has complied with the provisions of sections 21 and 22;
(b)if the Court finds that the provisions of section 21 or section 22 have not been complied with by the Money-Lender, it may, if the plaintiffs claim is established, in whole or in part, disallow' the whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case and may disallow cost to the Money-Lender.
Explanation. - A Money-Lender who has given the receipt or furnished a statement of accounts or a pass book in the prescribed form and manner, shall be deemed to have complied with the provisions of section 21 or section 22, as the case may be, in spite of any errors and omissions, if the Court finds that such errors and omissions are not material or not made fraudulently.
(2)A Court trying a suit to which this Act applies shall, in a case in which it finds that the provisions of section 21 or section 22 have not been complied with by the Money-Lender, cause a copy of its judgment or order containing such finding duly authenticated by it and bearing the seal of the Court to be sent to the Registrar by whom the registration was issued to such Money-Lender and on receipt of such copy of the judgements or order, the Registrar may, without holding any further inquiry or giving an opportunity of being heard to the Money-Lender, cancel his registration, or suspend it for such period as the Registrar thinks fit.